This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Cakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.

Overshadowed for many years by the Nuremberg trials, the Tokyo Trial--one of the major events in the aftermath of World War II--has elicited renewed interest since the 50th anniversary of the war's end. Revelations of previously hidden war crimes, including comfort women and biological warfare, and the establishment of international courts to try Yugoslav and Rwandan war criminals have added to the interest. This bibliography addressees the renewed interest in the Tokyo Trial, providing over 700 citations to official publications, scholarly monographs and journal articles, contemporaneous accounts, manuscript collections, and Web sites. Also included are sources on the Trial's influence on international law and military law and unresolved issues being debated to this day.

Defining war crimes after the fact, practicing victor's justice to punish enemies, holding military commanders accountable for their troops' actions--these were issues confronted in the Tokyo Trial and other Asia-Pacific war crimes trials. They are still being investigated, researched, and debated today. This bibliography helps to illuminate these issues from different perspectives, providing a variety of ways to locate relevant English-language sources. The volume also includes citations to contemporary issues stemming from the Asia-Pacific war crimes trials--comfort women, biological warfare, and unresolved issues of reparations and official apologies. The book is a useful guide to sources on all aspects of the Tokyo Trial.

This book explores how the experience of war and related atrocities tend to be visually expressed and how such articulations and representations are circulated and consumed. Each chapter of this volume examines how an image can contribute to a richer understanding of the experience of war and atrocity and thus they contribute to the burgeoning field of the "criminology of war". Topics include the destruction of war in oppositional cultural forms - comparing the Nazi period with the ISIS destruction of Palmyra - and the visual aesthetics of violence deployed by Jihadi terrorism. The contributors are a multi-disciplinary team drawn mainly from criminology but also sociology, international relations, gender studies, English and the visual arts. This book will advance this field in new directions with refreshing, original work.

Contents:
Preface Acknowledgements The Pacific Theatre, World War II Introduction Part I. Japanese Factories of Death 1. Manchuria 2. Ishii Shiro 3. The Beiyinhe Bacteria Factory 4. Phase 1. Building Ping Fan 5. Phase 2. Hell in Ping Fan 6. The Secret of Secrets: Human Experiments 7. The Death Factory in Changchun 8. The Death Factory in Nanking 9. Experiments on prisoners of War 10. Who Knew? Part II. American Cover-Up The American Biological Warfare Program 12. Discovery of the Secret of Secrets 13. Investigations 14. Scientists and the Cover-Up 15. The Military and the Cover-Up 16. Epilogue Notes Select Bibliography Index

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milosević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague.

Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law; local justice and cosmopolitan reckoning; collective guilt and individual responsibility; and between the instinct that war, at worst, is an error, and the conviction that war is a crime.

Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

This book examines Australia's and the United States' ability to prosecute their peacekeepers for sexual exploitation and abuse. The United Nations has too long been plagued by sexual exploitation and abuse in some of the world's most vulnerable communities. Discussion within United Nations' reporting and academic scholarship focuses on policy; however, a significant concern outlined here is that peacekeepers are committing sexual offences with impunity, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. In this original study O'Brien provides an in-depth, feminist analysis of US and Australian sexual offending law and jurisdiction over their military and military-civilian peacekeepers. Based on timely critical analysis, this book demonstrates the limitations states face in ensuring accountability for sexual exploitation and abuse by peacekeepers - a factor which directly contributes to ongoing commission of and impunity for such offences. Calling for a rights-based, transnational law response to these crimes, this engaging and thought-provoking work will appeal to international practitioners, governments, UN policy-makers, and scholars of international, military and criminal law.

In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice.

A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms.

Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes.

Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.

This book examines the use of national and international law to prosecute Nazi crimes, the centerpiece of twentieth-century state-sponsored genocide and mass murder crimes, the paradigmatic instance of state-sponsored criminality and genocide in the twentieth century. Its various essays, the contributors reconstruct the historical historical setting of the crimes committed under the aegis of the Nazi regime and examine why postwar adjudication took place only within limits, within the national and international judicial forums responsible for prosecuting perpetrators. The topics discussed include the impact of the Nazi justice system on postwar justice, postwar legal proceedings against those who committed war crimes and genocide, the work of the Nuremberg tribunal and Allied trials, and judicial investigations and prosecutions in East Germany, West Germany, and Austria. They span the postwar period up to contemporary U.S. legal efforts to deport Nazi criminals within its borders and libel trials against Holocaust denials in London and Canadian courts and libel suits brought by Holocaust deniers in British and Canadian courts, and they reveal new perspectives on the present and future implications of these trials.

The NHS came into existence in an atmosphere of conflict centred on the strong ideological commitment of the Post-war Labour Government and the opposition of the Conservative Party of that time to the idea of a universally available and centrally planned medical care service. There was also opposition from some sections of the medical establishment who feared the loss of professional autonomy. Setting health policy in both an historical and modern context (post 1997) Carrier and Kendall weigh up the successes and failures of the National Health Service and examine the conflicts which have continued for over sixty years, in spite of efforts to solve financial problems in the NHS through increases in funding as well as structural and organisational change. After looking at recent responses to supposed failures of the NHS, they conclude that the NHS has successfully faced the challenges before it and is likely to continue to meet the changing health needs of the population. Financial stresses, concerns about the quality of care and demographic change, with consequent issues for the elderly and the chronically ill, continue to be urgent and politically contentious issues. This book is appropriate for a wide range of undergraduate and postgraduate students studying health policy and the NHS.

It is widely observed that the study of war has been paid limited attention within criminology. This is intellectually curious given that acts of war have occurred persistently throughout history and perpetuate criminal acts, victimisation and human rights violations on a scale unprecedented with domestic levels of crime. However, there are authoritative voices within criminology who have been studying war from the borders of the discipline. This book contains a selection of criminological authors who have been authoritatively engaged in studying criminology and war. Following an introduction that 'places war within criminology' the collection is arranged across three themed sections including: Theorising War, Law and Crime; Linking War and Criminal Justice; and War, Sexual Violence and Visual Trauma. Each chapter takes substantive topics within criminology and victimology (i.e. corporate crime, history, imprisonment, criminal justice, sexual violence, trauma, security and crime control to name but a few) and invites the reader to engage in critical discussions relating to wars both past and present. The chapters within this collection are theoretically rich, empirically diverse and come together to create the first authoritative published collection of original essays specifically dedicated to criminology and war. Students and researchers alike interested in war, critical criminology and victimology will find this an accessible study companion that centres the disparate criminological attention to war into one comprehensive collection.

The U.S.-Dakota War, the bloodiest Indian war of the 19th century, erupted in southwestern Minnesota during the the summer of 1862. In the war's aftermath, a hastily convened commission of five army officers conducted trials of 391 Indians charged with murder and massacre. In 36 days, 303 Dakota men were sentenced to death. In the largest simultaneous execution in American history, 38 were hanged on a single gallows on December 26, 1862-an incident now widely considered an act of revenge rather than judicial punishment. Providing fresh insight into this controversial event, this book examines the Dakota War trials from the perspective of 19th century military law. The author discusses the causes and far-reaching consequences of the war, claims of widespread atrocities, the modern debate over the role of culture in lawful warfare and how the war has been depicted by historians.

This book offers a comprehensive analysis of the trial of former Serbian leader Slobodan Milosevic at the International Criminal Tribunal for the former Yugoslavia (ICTY). With the premature death of Milosevic in March 2006 his trial was left unfinished. Although the traditional objectives of criminal law, such as retribution, justice for victims, and deterrence, were not achieved, the Milosevic trial archive is a significant historical resource for researchers from various fields. This book extracts details from the collection of documentary and transcript evidence that makes up the trial record - sources which would be almost impossible to extricate without an insider's guiding hand - to allow readers to trace the threads of several historical narratives. The value of this methodology is particularly evident in the Milosevic case as, acting as his own defence counsel, he responded to, and interacted with, almost all witnesses and evidence presented against him. By providing snapshots of the behaviour displayed by Milosevic in court while conducting his defence, in combination with passages of carefully selected evidence from an immense archive familiar to few scholars, this volume reveals how these trial records, and trail records in general, are a truly invaluable historical source. The book underlines the premise that any record of a mass atrocities trial, whether finished or unfinished, establishes a record of past events, contributes to interpretations of a historical period and influences the shaping of collective memory. This book will be of much interest to students of the Former Yugoslavia, war crimes, international law, human rights, international relations and European politics.

Factories of Death details the activities of the Japanese army scientists that conducted numerous horrifying experiments upon live human beings. It investigates who from the upper echelons of the Japanese military and political establishments knew of the experiments, also the question of whether or not Allied POWs were subjected to such tests, and the nature of the deal that was brokered with US authorities after the war. This new edition has been completely updated, and contains an entirely new chapter detailing the numerous revelations that have surfaced since the book's initial publication in 1994.

The book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author's personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author's manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.

It is widely observed that the study of war has been paid limited attention within criminology. This is intellectually curious given that acts of war have occurred persistently throughout history and perpetuate criminal acts, victimisation and human rights violations on a scale unprecedented with domestic levels of crime. However, there are authoritative voices within criminology who have been studying war from the borders of the discipline. This book contains a selection of criminological authors who have been authoritatively engaged in studying criminology and war. Following an introduction that 'places war within criminology' the collection is arranged across three themed sections including: Theorising War, Law and Crime; Linking War and Criminal Justice; and War, Sexual Violence and Visual Trauma. Each chapter takes substantive topics within criminology and victimology (i.e. corporate crime, history, imprisonment, criminal justice, sexual violence, trauma, security and crime control to name but a few) and invites the reader to engage in critical discussions relating to wars both past and present. The chapters within this collection are theoretically rich, empirically diverse and come together to create the first authoritative published collection of original essays specifically dedicated to criminology and war. Students and researchers alike interested in war, critical criminology and victimology will find this an accessible study companion that centres the disparate criminological attention to war into one comprehensive collection.

This incisive volume brings together postcolonial studies, visual culture and cultural memory studies to explain how the Netherlands continues to rediscover its history of violence in colonial Indonesia. Dutch commentators have frequently claimed that the colonial past and especially the violence associated with it has been 'forgotten' in the Netherlands. Uncovering 'lost' photographs and other documents of violence has thereby become a recurring feature aimed at unmasking a hidden truth. The author argues that, rather than absent, such images have been consistently present in the Dutch public sphere and have been widely available in print, on television and now on the internet. Emerging Memory: Photographs of Colonial Atrocity in Dutch Cultural Remembrance shows that between memory and forgetting there is a haunted zone from which pasts that do not fit the stories nations live by keep on emerging and submerging while retaining their disturbing presence.

Multiple killings by serial or spree killers and the mass violence seen in war crimes and other atrocities have typically been understood as discrete category types, which can foster the view that there are fundamentally different kinds of human beings, including "deviants" who are born evil and innately given to sadism or a callous lack of empathy. In contrast, this book considers the violence of these "deviants" in terms of larger questions about human violence. Therefore, in addition to describing the life histories of a sample of individual serial and spree murderers, the book includes analysis of macro-level phenomena such as genocide, mass rape and killing, and torture occurring under conditions of war, state authorization, or political upheaval. The chief claim of the book is that, given the "right" combination of factors occurring at different levels of analysis, virtually anyone can emerge as a killer or perpetrator of atrocities. While it is crucial to understand individual killers in terms of the details of their biographies, it is equally crucial to understand political atrocities in terms of the details of their histories; and to see that persons and groups are always the product of complexly interacting assemblage processes.

This book explores Puritanism and its continuing influence on U.S. and military law in the Global War on Terror, exploring connections between Puritanism and notions of responsibility in relation to military crimes, superstitious practices within the military, and urges for revenge. Engaging with the work of figures such as Durkheim, Fauconnet and Weber, it draws on primary data gathered through participation and observation at the U.S. Army courts-martial following events at Abu Ghraib, Operation Iron Triangle, the Baghdad canal killings and a war crimes case in Afghanistan, to show how Puritan cultural habits color and shape both American military actions and the ways in which these actions are perceived by the American public. A theoretically sophisticated examination of the cultural tendencies that shape military conduct and justice in the context of a contemporary global conflict, The Puritan Culture of America's Military will appeal to scholars across the social sciences with interests in social theory and sociology, cultural studies, politics and international relations and military studies.

Propaganda, War Crimes Trials and International Law addresses the emerging jurisprudence and international law concerning propaganda in war crimes investigations and trials. The role of propaganda in the perpetration of atrocities has emerged as a central theme in the war crimes trials in the past century. The Nuremburg trials initially, and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda currently, have all substantially contributed to the development of international law in this respect. Investigating and exploring the areas between lawful and unlawful propaganda, they have dealt with specific mechanisms and consequences of the phenomenon within the perspective and framework of their international legal mandates. But the cultural codes and argots through which propaganda operates have vexed international courts struggling to assign responsibility to the instigators of mass crimes, as subtle, but potentially fatal, communications often remain undetected, misinterpreted or even dismissed as entirely irrelevant. With contributions from leading international scholars and legal practioners, Propaganda, War Crimes Trials and International Law pursues a comparative approach to this problem: providing an overview of the current state of the theory of propaganda in the social sciences; exploring this theory in the legal analysis of war crimes and related proceedings; and, finally, offering a study of the prosecution of propaganda-related crimes in international law, and the newly emerging jurisprudence of war crimes propaganda cases.

Leading up to World War II, two Polish men witnessed the targeted extermination of Jews under Adolf Hitler and the German Reich before the reality of the Holocaust was widely known. Raphael Lemkin, a Jewish lawyer who coined the term "genocide," and Jan Karski, a Catholic member of the Polish resistance, independently shared this knowledge with Winston Churchill and Franklin D. Roosevelt. Having heard false rumors of wartime atrocities before, the leaders met the messengers with disbelief and inaction, leading to the eventual murder of more than six million people. Messengers of Disaster draws upon little-known texts from an array of archives, including the International Committee of the Red Cross in Geneva and the International Tracing Service in Bad Arolsen. Carrying the knowledge of disaster took a toll on Lemkin and Karski, but their work prepared the way for the United Nations to unanimously adopt the first human rights convention in 1948 and influenced the language we use to talk about genocide today. Annette Becker's detailed study of these two important figures illuminates how distortions of fact can lead people to deny knowledge of what is happening in front of their own eyes.

Propaganda, War Crimes Trials and International Law addresses the emerging jurisprudence and international law concerning propaganda in war crimes investigations and trials. The role of propaganda in the perpetration of atrocities has emerged as a central theme in the war crimes trials in the past century. The Nuremburg trials initially, and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda currently, have all substantially contributed to the development of international law in this respect. Investigating and exploring the areas between lawful and unlawful propaganda, they have dealt with specific mechanisms and consequences of the phenomenon within the perspective and framework of their international legal mandates. But the cultural codes and argots through which propaganda operates have vexed international courts struggling to assign responsibility to the instigators of mass crimes, as subtle, but potentially fatal, communications often remain undetected, misinterpreted or even dismissed as entirely irrelevant. With contributions from leading international scholars and legal practioners, Propaganda, War Crimes Trials and International Law pursues a comparative approach to this problem: providing an overview of the current state of the theory of propaganda in the social sciences; exploring this theory in the legal analysis of war crimes and related proceedings; and, finally, offering a study of the prosecution of propaganda-related crimes in international law, and the newly emerging jurisprudence of war crimes propaganda cases.

Radhabinod Pal was an Indian jurist who achieved international fame as the judge representing India at the Tokyo War Crimes Tribunal and dissented from the majority opinion, holding that all Japanese "Class A" war criminals were not guilty of any of the charges brought against them. In postwar Japanese politics, right-wing polemicists have repeatedly utilized his dissenting judgment in their political propaganda aimed at refuting the Tokyo trial's majority judgment and justifying Japan's aggression, gradually elevating this controversial lawyer from India to a national symbol of historical revisionism. Many questions have been raised about how to appropriately assess Pal's dissenting judgment and Pal himself. Were the arguments in Pal's judgment sound? Why did he submit such a bold dissenting opinion? What was the political context? More fundamentally, why and how did the Allies ever nominate such a lawyer as a judge for a tribunal of such great political importance? How should his dissent be situated within the context of modern Asian history and the development of international criminal justice? What social and political circumstances in Japan thrust him into such a prominent position? Many of these questions remain unanswered, while some have been misinterpreted. This book proposes answers to many of them and presents a critique of the persistent revisionist denial of war responsibility in the Japanese postwar right-wing movement.

In the wake of unthinkable atrocities, it is reasonable to ask how any population can move on from the experience of genocide. Simply remembering the past can, in the shadow of mass death, be retraumatizing. So how can such momentous events be memorialized in a way that is productive and even healing for survivors? Genocide memorials tell a story about the past, preserve evidence of the violence that occurred, and provide emotional support to survivors. But the goal of amplifying survivors' voices can fade amid larger narratives entrenched in political motivations.In After Genocide,Nicole Fox investigates the ways memorials can shape the experiences of survivors decades after mass violence has ended. She examines how memorializations can both heal and hurt, especially when they fail to represent all genders, ethnicities, and classes of those afflicted. Drawing on extensive interviews with Rwandans, Fox reveals their relationships to these spaces and uncovers those voices silenced by the dominant narrative-arguing that the erasure of such stories is an act of violence itself. The book probes the ongoing question of how to fit survivors in to the dominant narrative of healing and importantly demonstrates how memorials can shape possibilities for growth, national cohesion, reconciliation, and hope for the future.

Although more than 40 years have passed since the end of World War II, the subject of Nazi war criminals remains a timely and emotionally charged topic of interest to scholars as well as the general public. Administered jointly by the four major Allies, the Nuremberg trial of Hermann Goering and Joachim von Ribbentrop, among other Nazi leaders, has drawn much attention over the years. It was the U.S. Army, however, which was most active in bringing Nazi war criminals to justice and, between 1944 and 1947, the army prosecuted 1,672 individuals for violations of the laws of war. Most of the army's trials remained obscure and little-noticed, even though they dealt with almost 90 percent of all defendants in the American zone. This study examines the treatment of prominent and lesser-known war criminals in the U.S. Zone of Occupation, covering both the trial and clemency aspects of the American war crimes program. In addition, it also explores the relationship between the war criminals issue and U.S. efforts to democratize the Germans, German nationalism, U.S. constitutional issues, the cold war and German rearmament in the 1950s. Finally, the study analyzes the extent to which the U.S. Army war crimes program achieved its stated goals. Based on unpublished sources from both the United States and West Germany, many of which have only recently been declassified, this book provides fresh insight on Nazi war criminals and their treatment, as well as important issues relating to post-war Germany. This book will be of special interest to scholars and historians specializing in European and modern history, post-war Germany, U.S. foreign relations since World War II, the Holocaust, and U.S.military justice and war criminals.

This book is an examination of American army legal proceedings that resulted from a series of moments when soldiers in a war zone crossed a line between performing their legitimate functions and committing crimes against civilians, or atrocities.

Using individual judicial proceedings held within war-time Southeast Asia, Louise Barnett analyses how the American military legal system handled crimes against civilians and determines what these cases reveal about the way that war produces atrocity against civilians. Presenting these atrocities and subsequent trials in a way that considers both the personal and the institutional the author considers how and why atrocity happens, the terrain of justification, and the degree to which the army and American society have been willing to take military crimes against civilians seriously.

Atrocity and American Military Justice in Southeast Asia will be of interest to students, scholars and professionals interested in Military Justice, Military history and Southeast Asian History more generally.